Help! Evicting a nightmare lodger!

theoretica

Type_45 said:

The landlord doesn't see the amount of time they spend at the property as an issue.

But it isn't the landlord's opinion that matters here - and there are people who would benefit from it not being their main residence.  Sleeping there more nights than not until this mess is a bit sorted out might prevent it going further wrong.

Type_45

How many nights a week does a landlord with lodgers need to stay in the property? How is it proven either way?  What's the law/rule around it? 

Type_45

SpiderLegs said:

Type_45 said:

So I guess the issue is whether the problem lodger and her solicitor can show that she is in fact a tenant? If that is the case, then the 3 month notice will stand? And what is the procedure for evicting her if she doesn't leave?

Also, is she likely to be a lodger anyway? Does the HMO aspect change that in some way? 

If this person gets a solicitor involved and there is enough ambiguity in their status then it’s going to take a lot longer than 3 months to get shut.
if it’s a clear clear cut AST job then it’s S.21 after six months, which is another six months (currently) plus many many more months to actually get to evict.
if it’s open to debate then the LL can spend lots of time and effort arguing the toss with a solicitor, during which there’ll be little chance of forcing eviction. Who knows how long that could go on for...

The easiest method might be just to pay the tenant to leave.

The landlord would certainly be interested in paying the tenant to leave. Is this possible/unusual? What would the amount be?

MaryNB

Type_45 said:

SpiderLegs said:

Type_45 said:

So I guess the issue is whether the problem lodger and her solicitor can show that she is in fact a tenant? If that is the case, then the 3 month notice will stand? And what is the procedure for evicting her if she doesn't leave?

Also, is she likely to be a lodger anyway? Does the HMO aspect change that in some way? 

If this person gets a solicitor involved and there is enough ambiguity in their status then it’s going to take a lot longer than 3 months to get shut.
if it’s a clear clear cut AST job then it’s S.21 after six months, which is another six months (currently) plus many many more months to actually get to evict.
if it’s open to debate then the LL can spend lots of time and effort arguing the toss with a solicitor, during which there’ll be little chance of forcing eviction. Who knows how long that could go on for...

The easiest method might be just to pay the tenant to leave.

The landlord would certainly be interested in paying the tenant to leave. Is this possible/unusual? What would the amount be?

Whatever the tenant will accept to leave. They could accept £50, they could refuse £5k. 

elsien

Type_45 said:

How many nights a week does a landlord with lodgers need to stay in the property? How is it proven either way?  What's the law/rule around it? 

Not my area of expertise but my guess would be that if there as a dispute as to which it was, it would ultimately be decided by a court looking at the bigger picture. Your relative may wish to double check with a housing solicitor.
In the meantime, why are they spending so much time at their partner's? Can the partner not spend more nights at your  relative's house with them? 

sgun

Another thing to throw into the mix here is insurance. It is unlikely that the insurance company would accept staying over once a week would be enough for it to be a main residence and as such it should be insured under a landlord policy. This may already have been done but if not it is definitely something to look at as I can guarantee an insurance company would investigate any claims involving a house with lodgers or tenants.

Type_45

sgun said:

Another thing to throw into the mix here is insurance. It is unlikely that the insurance company would accept staying over once a week would be enough for it to be a main residence and as such it should be insured under a landlord policy. This may already have been done but if not it is definitely something to look at as I can guarantee an insurance company would investigate any claims involving a house with lodgers or tenants.

The insurance company know there are 4 lodgers. They were told this even when there used to be 2 or 3 lodgers just to be on the safe side. 


Regarding the landlord not spending enough time at the property, that question isn't asked on the application. And who knows what people's movements will be during the year. There is also the issue of the landlord having been a Covid bubble with his partner for the past year.

I appreciated that there could be an argument by the lodger and her solicitor around the amount of time the landlord spends at the house. But she's only been living there 3 weeks. But I guess her solicitor could simply make a point of that anyway.

Type_45

Here's one for you all:

What's the worst case outcome?

What's the best case outcome?

What is the most realistic probable outcome?

moneysavinghero

Worst outcome: Lodger (tenant) with mental issues burns the place down
Best outcome: Lodger (tenant) decides to leave of their own accord today.
Most realistic: This depends on your actions

wannabe_a_saver

Type_45 said:

sgun said:

Another thing to throw into the mix here is insurance. It is unlikely that the insurance company would accept staying over once a week would be enough for it to be a main residence and as such it should be insured under a landlord policy. This may already have been done but if not it is definitely something to look at as I can guarantee an insurance company would investigate any claims involving a house with lodgers or tenants.

 There is also the issue of the landlord having been a Covid bubble with his partner for the past year.

That has absolutely nothing to do with anything, I'm not sure why you think it does.